§ 1-808. Duration; amendment by court action
West's Annotated Code of MarylandEnvironment
MD Code, Environment, § 1-808
§ 1-808. Duration; amendment by court action
(a) An environmental covenant is perpetual unless it is:
(b)(1) If the Agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in § 1-809(a) and (b) of this subtitle have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.
(2) The Agency's determination or its failure to make a determination upon request is subject to review in accordance with the Administrative Procedure Act.1
(c) Except as otherwise provided in subsections (a) and (b) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.
Credits
Added by Acts 2005, c. 229, § 1, eff. Oct. 1, 2005. Amended by Acts 2006, c. 44, § 1, eff. April 8, 2006.
Footnotes
State Government § 10-101 et seq.
MD Code, Environment, § 1-808, MD ENVIR § 1-808
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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